BILL NUMBER: SB 1454	CHAPTERED  09/05/00

	CHAPTER   301
	FILED WITH SECRETARY OF STATE   SEPTEMBER 5, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 1, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	PASSED THE SENATE   MAY 24, 2000
	AMENDED IN SENATE   MARCH 22, 2000

INTRODUCED BY   Senator Chesbro

                        FEBRUARY 9, 2000

   An act to amend Sections 1047 and 1048 of, and to add Section
1044.5 to, the Military and Veterans Code, relating to veterans
homes.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1454, Chesbro.   Veterans' homes:  residents' rights.
   Existing law provides for the creation and operation of veterans'
homes where aged and disabled veterans and their spouses may live.
The homes are under the management and control of the Department of
Veterans Affairs, and supervised by one administrator for each home
site.  The administrator may make rules and regulations governing the
admission of applicants and conditions upon which veterans may
reside in the homes.
   This bill would establish the right of veterans residing in a
veterans' home to complain to the administrator about home
accommodations and services without fear of reprisal.  The bill would
require the administrator to inform residents of this right and to
post a notice of the right in the homes.
   Existing law provides for a Morale, Welfare, and Recreation Fund
to be used for the general welfare of the residents of veterans'
homes.  The moneys in the fund may not be used for specified
purposes, including medical treatment for which reimbursement is
available from other sources and any function, operation, or activity
that has an alternative source of funding.
   This bill would revise these provisions to provide that the fund
may not be used for medical or related treatment, and would delete
the provision relating to expenditures for any function, operation,
or activity that has an alternative source of funding.  The bill
would also revise provisions related to General Fund appropriations
related to the fund.
   Existing law requires the administrator of the veterans' homes to
provide an annual report for all moneys deposited into the fund and
all expenditures from the fund.  The report must be submitted to the
Secretary of the Department of Veterans Affairs, the fiscal
committees of the Assembly and the Senate, and the committees of each
house having jurisdiction over veterans affairs.
   This bill would require that the administrator's annual report
also be provided to the Veterans' Home Allied Council.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1044.5 is added to the Military and Veterans
Code, to read:
   1044.5.  (a) A resident of a veterans home has the right to
complain and otherwise exercise the freedom of expression and
assembly guaranteed by the Sections 2 and 3 of Article I of the
California Constitution and the First Amendment to the United States
Constitution.  The administrator of the home shall inform each
resident in writing at the time of admission of the right to complain
to the administrator about home accommodations and services.  A
notice of the right to complain shall be posted in the home.  The
administrator shall also inform each resident of the right to
complain to the board or to the Secretary of Veterans Affairs.  Each
resident of a home shall be encouraged and assisted, throughout the
period of stay in the home, to understand and exercise the rights of
freedom of expression and assembly as a resident and as a citizen.
To this end, the resident may voice grievances and recommend changes
in policies and services to home staff, other residents, and outside
representatives of the resident's choice, free from restraint,
interference, coercion, discrimination, or reprisal, including
retaliatory eviction.
   (b) An administrator may not retaliate against any resident who
exercises the right to voice grievances by evicting the resident.
There shall be a rebuttable presumption that any eviction within 45
days of the exercise by a resident of the right to voice grievances
is retaliatory.  This presumption does not apply in favor of a
resident who has failed to pay maintenance fees unless the resident
pays the overdue fees.
  SEC. 2.  Section 1047 of the Military and Veterans Code is amended
to read:
   1047.  (a) The administrator shall maintain a Morale, Welfare, and
Recreation Fund that shall be used, at the discretion of the
administrator and subject to the approval of the secretary, to
provide for the general welfare of the veterans, including, but not
limited to, providing for operations of the Veterans' Home Exchange,
hobby shop, motion picture theater, library, band, and any other
function that is operated for the morale, welfare, and recreation of
the veterans, and to pay for newspapers, chapel expenses, welfare and
entertainment expenses, sport activities, celebrations, and any
other activity that is for the  morale, welfare, and recreation of
the veterans.
   (b) Money in the Morale, Welfare, and Recreation Fund may not be
expended for any of the following:
   (1) Medical treatments or any other related treatment.
   (2) Maintenance of the physical plant of the home.
   (3) Any function, operation, or activity that is not directly
related to the morale, welfare, or recreation of the veterans.
   (c) Appropriations from the General Fund for the purposes
described in paragraph (3) of subdivision (b) may not be reduced for
the purpose of, or to have the effect of, requiring increased
expenditures from the Morale, Welfare, and Recreation Fund for those
described purposes.
   (d) The administrator shall prepare an itemized report that is
organized by category and accounts for all expenditures made from the
Morale, Welfare, and Recreation Fund during the previous fiscal year
and shall submit the report on or before August 20 of each year to
all of the following:
   (1) The secretary.
   (2) The fiscal committees of the Assembly and the Senate.
   (3) The committees of the Assembly and the Senate that have
subject matter jurisdiction over veterans' affairs.
   (4) The Veterans' Home Allied Council.
  SEC. 3.  Section 1048 of the Military and Veterans Code is amended
to read:
   1048.  (a) The Moral, Welfare, and Recreation Fund shall include
proceeds from operations of the Veterans' Home Exchange, revenue
derived from the issuance of prisoner-of-war special license plates
pursuant to Section 5101.5 of the Vehicle Code, all funds derived
from golf course green fees and range ball fees, all donations to the
fund, interest earned on invested funds, funds derived from the
estates of deceased members, and any other moneys or property
described in this chapter, including, but not limited to, moneys and
properties received by the home from estate assets located outside
the home, regardless of amount.
   (b) The administrator shall prepare an itemized report that is
organized by category and accounts for all funds deposited into the
Morale, Welfare, and Recreation Fund and transmitted to the
Controller under Section 1047 during the previous fiscal year and
shall submit the report on or before August 20 of each year to all of
the following:
   (1) The secretary.
   (2) The fiscal committees of the Assembly and the Senate.
   (3) The committees of the Assembly and the Senate that have
subject matter jurisdiction over veterans' affairs.
   (4) The Veterans' Home Allied Council.
